N.Y. Criminal Procedure Law § 700.20: Eavesdropping and video surveillance warrants; application

§ 700.20 Eavesdropping and video surveillance warrants; application.

1. An ex parte application for an eavesdropping or video surveillance

warrant must be made to a justice in writing, except as provided in

section 700.21 of this article, and must be subscribed and sworn to by

an applicant.

2. The application must contain:

(a) The identity of the applicant and a statement of the applicant's

authority to make such application; and

(b) A full and complete statement of the facts and circumstances

relied upon by the applicant, to justify his belief that an

eavesdropping or video surveillance warrant should be issued, including

(i) a statement of facts establishing probable cause to believe that a

particular designated offense has been, is being, or is about to be

committed, (ii) a particular description of the nature and location of

the facilities from which or the place where the communication is to be

intercepted or the video surveillance is to be conducted, (iii) a

particular description of the type of the communications sought to be

intercepted or of the observations sought to be made, and (iv) the

identity of the person, if known, committing such designated offense and

whose communications are to be intercepted or who is to be the subject

of the video surveillance; and

(c) A statement that such communications or observations are not

otherwise legally privileged; and

(d) A full and complete statement of facts establishing that normal

investigative procedures have been tried and have failed or reasonably

appear to be unlikely to succeed if tried or to be too dangerous to

employ, to obtain the evidence sought; and

(e) A statement of the period of time for which the eavesdropping or

video surveillance is required to be maintained. If the nature of the

investigation is such that the authorization for eavesdropping or video

surveillance should not automatically terminate when the described type

of communication has been first obtained or when the described type of

observation has been first made, a particular description of facts

establishing probable cause to believe that additional communications or

observations of the same type will occur thereafter; and

(f) A full and complete statement of the facts concerning all

previous applications, known to the applicant, for an eavesdropping or

video surveillance warrant involving any of the same persons, facilities

or places specified in the application, and the action taken by the

justice on each such application.

3. Allegations of fact in the application may be based either upon

the personal knowledge of the applicant or upon information and belief.

If the applicant personally knows the facts alleged, it must be so

stated. If the facts stated in the application are derived in whole or

part from the statements of persons other than the applicant, the

sources of such facts must be either disclosed or described, and the

application must contain facts establishing the existence and

reliability of the informants or the reliability of the information

supplied by them. The application must also state, so far as possible,

the basis of the informant's knowledge or belief. Affidavits of persons

other than the applicant may be submitted in conjunction with the

application if they tend to support any fact or conclusion alleged

therein. Such accompanying affidavits may be based either on personal

knowledge of the affiant, or information and belief with the source

thereof and the reason therefor specified.